News / National
Mahere conviction on 'dead crime' draws anger
06 Apr 2023 at 20:16hrs | Views
The conviction Wednesday of opposition politician Fadzayi Mahere following a two-year long trial on a crime lawyers argue was long parked away from national statutes has drawn anger from her party and outside with ex-minister Jonathan Moyo describing the development as a travesty.
The CCC spokesperson was fined US$500 by Harare magistrate Taurai Manuwere who found her guilty of "publishing falsehood prejudicial to the state".
Mahere was arrested after she relayed through her twitter handle, a circulating video image of a woman who was filmed angrily tussling a uniformed police operative she accused of accidentally striking and killing her baby with a baton stick.
The police officer was enforcing Covid-19 lockdown regulations against errant transport operators along a major road in Harare in 2020.
Through her Twitter handle, Mahere chastised police for allegedly killing the infant.
It later turned out the claims as portrayed on the social media image were not true.
Coincidentally, outspoken journalist Hopewell Chin'ono was also charged for the offence stemming from a similar incident but successfully challenged the charges through the High Court arguing the law being used against him did not exist.
Commenting on the situation, Moyo found everything wrong with the courts resurrecting a dead offence against Mahere, going further to convict and fine her.
"A High Court decision in Case No. HC 845/21, declared that there is no offence called publishing or communicating false statements prejudicial to the State under Zimbabwean law," Moyo said.
"This is binding on the Magistrates Court. It is important for justice not only to be done, but also for it to be seen to be done.
"In this case, Justice was neither done nor seen to be done.
"The case is a travesty of justice not least because it is a political case, in every sense of the term, political.
"The case is yet another example of why Zimbabwe's Magistrates Court needs urgent root and branch reform.
"They have become a national embarrassment. Everything about the Magistrates Court is now political, and unjust by definition.
"This is why there is no prize for guessing that there is no chance in heaven for any higher court in Zimbabwe to uphold Mahere's conviction!"
Mahere's deputy Ostallos Siziba accused the Zanu-PF led government of abusing the courts to target opponents, adding, "This conduct by Zanu has set a huge premium on the legitimacy of the state and the credibility of our country."
CCC found the conviction of its senior official as "a coordinated attack against our members ahead of this year's watershed election" and called on citizens to demand the independence of judiciary.
On her part, Mahere remained defiant, posting on Twitter that she will remain focussed.
"What doesn't kill you makes you STRONGER," she quipped.
The CCC spokesperson was fined US$500 by Harare magistrate Taurai Manuwere who found her guilty of "publishing falsehood prejudicial to the state".
Mahere was arrested after she relayed through her twitter handle, a circulating video image of a woman who was filmed angrily tussling a uniformed police operative she accused of accidentally striking and killing her baby with a baton stick.
The police officer was enforcing Covid-19 lockdown regulations against errant transport operators along a major road in Harare in 2020.
Through her Twitter handle, Mahere chastised police for allegedly killing the infant.
It later turned out the claims as portrayed on the social media image were not true.
Coincidentally, outspoken journalist Hopewell Chin'ono was also charged for the offence stemming from a similar incident but successfully challenged the charges through the High Court arguing the law being used against him did not exist.
Commenting on the situation, Moyo found everything wrong with the courts resurrecting a dead offence against Mahere, going further to convict and fine her.
"A High Court decision in Case No. HC 845/21, declared that there is no offence called publishing or communicating false statements prejudicial to the State under Zimbabwean law," Moyo said.
"In this case, Justice was neither done nor seen to be done.
"The case is a travesty of justice not least because it is a political case, in every sense of the term, political.
"The case is yet another example of why Zimbabwe's Magistrates Court needs urgent root and branch reform.
"They have become a national embarrassment. Everything about the Magistrates Court is now political, and unjust by definition.
"This is why there is no prize for guessing that there is no chance in heaven for any higher court in Zimbabwe to uphold Mahere's conviction!"
Mahere's deputy Ostallos Siziba accused the Zanu-PF led government of abusing the courts to target opponents, adding, "This conduct by Zanu has set a huge premium on the legitimacy of the state and the credibility of our country."
CCC found the conviction of its senior official as "a coordinated attack against our members ahead of this year's watershed election" and called on citizens to demand the independence of judiciary.
On her part, Mahere remained defiant, posting on Twitter that she will remain focussed.
"What doesn't kill you makes you STRONGER," she quipped.
Source - zimlive
